Primer Ncip Ao 2 s 2012 Ips Ipo

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NCIP Administrative Order No. 2 Series of 2012 THE GENERAT GUIDETINSS ON THE CONFIRMATION OF INDIGENOUS POTITICAT STRUCTURES AND THE REGISTRATION OF INDIGENOUS PEOPLEY ORGANIZATIONS This Guidelines on the Confirmation of lndigenous Political Structures and Registration of lndigenous Peoples' Organizations is hereby promulgated for the effective implementation of the provisions of the lndigenous Peoples Rights Act or RA 8371 and for other purposes. ARTICTE I OVERVIEW Section 1. Title. This Administrative Order shall be known as the "General Guidelines on the Confirmation of lndigenous Political Structures and the Registration of lndigenous Peoples' Organization". Section 2. Statutory Bases. Article Xll (National Economy and Patrimony), Section 5 of the Constitution provides that the State, subject to the provisions of the Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well- being. The Congress may provide for the applicability of customary laws governing property rights and relations in determining the ownership and extent of ancestral domain. Article Xlll (Social Justice and Human Rights), Section 15 of the Constitution defines People's organizations as bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure. lt further provides that the State shall respect the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. Section 16 provides that the right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms. Republic Act No. 8371 (RA 8371) otherwise known as the lndigenous Peoples Rights Act (IPRA) of 1997 enumerates provisions on Rights to Ancestral Domains (Chapter lll), Self- Governance and Empowerment (Chapter lV), Social Justice and Human Rights (Chapter V), and Cultural lntegrity (Chapter Vl) in order to implement the promotion of the political, economic and cultural rights of the lndigenous Cultural Communities/lndigenous Peoples (lCCs/lPs); Chapter ll, Sections 3 (i) of RA 8371 defines lndigenous Political Structures (lPS) as referring to organizational and cultural leadership systems, institutions, relationships, patterns and processes for decision-making and participation identified and accepted by lCCs/lPs (e.g. Council of Timuays, Bodong Holders); Chapter ll, Section 3 (n) of RA 8371, on the other hand, defines people's organizations as private, non-profit voluntary organizations of members of lCCs/lPs which are accepted as representatives of such lCCs/lPs. Chapter lV, Section 16 of RA 8371 provides that lCCs/lPs have the right to participate fully, if they so choose, at all levels of

description

NCIP

Transcript of Primer Ncip Ao 2 s 2012 Ips Ipo

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NCIP Administrative Order No. 2Series of 2012

THE GENERAT GUIDETINSS ON THE CONFIRMATION OF

INDIGENOUS POTITICAT STRUCTURES AND THE REGISTRATION OF

INDIGENOUS PEOPLEY ORGANIZATIONS

This Guidelines on the Confirmation of lndigenous Political

Structures and Registration of lndigenous Peoples' Organizations is

hereby promulgated for the effective implementation of theprovisions of the lndigenous Peoples Rights Act or RA 8371 and forother purposes.

ARTICTE I

OVERVIEW

Section 1. Title. This Administrative Order shall be known as the"General Guidelines on the Confirmation of lndigenous Political

Structures and the Registration of lndigenous Peoples'

Organization".

Section 2. Statutory Bases.

Article Xll (National Economy and Patrimony), Section 5 of

the Constitution provides that the State, subject to the provisions of

the Constitution and national development policies and programs,

shall protect the rights of indigenous cultural communities to their

ancestral lands to ensure their economic, social, and cultural well-

being. The Congress may provide for the applicability of customary

laws governing property rights and relations in determining the

ownership and extent of ancestral domain.

Article Xlll (Social Justice and Human Rights), Section 15 of

the Constitution defines People's organizations as bona fide

associations of citizens with demonstrated capacity to promote thepublic interest and with identifiable leadership, membership, and

structure. lt further provides that the State shall respect the role ofindependent people's organizations to enable the people to pursue

and protect, within the democratic framework, their legitimate and

collective interests and aspirations through peaceful and lawful

means. Section 16 provides that the right of the people and theirorganizations to effective and reasonable participation at all levels

of social, political, and economic decision-making shall not be

abridged. The State shall, by law, facilitate the establishment ofadequate consultation mechanisms.

Republic Act No. 8371 (RA 8371) otherwise known as thelndigenous Peoples Rights Act (IPRA) of 1997 enumeratesprovisions on Rights to Ancestral Domains (Chapter lll), Self-

Governance and Empowerment (Chapter lV), Social Justice and

Human Rights (Chapter V), and Cultural lntegrity (Chapter Vl) in

order to implement the promotion of the political, economic and

cultural rights of the lndigenous Cultural Communities/lndigenous

Peoples (lCCs/lPs);

Chapter ll, Sections 3 (i) of RA 8371 defines lndigenousPolitical Structures (lPS) as referring to organizational and culturalleadership systems, institutions, relationships, patterns andprocesses for decision-making and participation identified andaccepted by lCCs/lPs (e.g. Council of Timuays, Bodong Holders);

Chapter ll, Section 3 (n) of RA 8371, on the other hand,defines people's organizations as private, non-profit voluntaryorganizations of members of lCCs/lPs which are accepted as

representatives of such lCCs/lPs.

Chapter lV, Section 16 of RA 8371 provides that lCCs/lPs

have the right to participate fully, if they so choose, at all levels of

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decision-making in matters which may affect their rights, lives, anddestinies through procedures determined by them as well as tomaintain and develop their own lPS.

Section 1, Part l. Rule lV (Right to Self-Governance andEmpowerment) of the Rules and Regulations lmplementing theIPRA of 1997 (lRR) provides that the lCCs/lPs, in coordination withthe Department of the lnterior and Local Government, shallformulate measures to ensure the following: (a) the socio-politicalstructures, systems and institutions of lCCs/lPs are strengthened;(b) the indigenous structures, systems, and institutions are notsupplanted by other forms of non-indigenous governance; and/or(c) mechanisms that allow the interfacing of indigenous systems ofgovernance with the national systems are established.

Section 3. Operating Principles, The following fundamentalprinciples in the implementation of this Guidelines shall be

recognized:

a) Self-governance and Self-determination. The inherentright of lCCs/lPs to self-governance and self-determination includes the right to pursue theireconomic, social, and cultural development; promote andprotect the integrity of their values, practices andinstitutions; determine, use and control their ownorganizational and community leadership systems,institutions, relationships, patterns and processes fordecision- making and participation;

b) Secure Collective Rlghts to Domain/land. The deeplyrooted spiritual and cultural bonds of lCCs/lPs to theancestral domains/lands which they possess, occupy anduse as basic to their existence and to all their beliefs,customs, traditions and culture;

c) Authentic lndlgenous Political Leadership. The authenticindigenous political leadership emerging from the

dynamics of customary laws and practices in themaintenance and development of their own indigenousgovernance and decision-making institutions;

d) Development wlth ldentity. The pursuit of tCCs/lPs to theircollective identity in their economic, social and culturaldevelopment through their Ancestral Domain SustainableDevelopment and Protection Plans (ADSDPP). lt alsoembraces preservation of cultural values and institutions;control over their own development; and genuineconsultation on all issues, programs and projects that willaffect them;

e) Sustainable Development. The lCcsllPs, through their lpS,occupying their ancestral domain shall preserve, restore,and maintain a balanced ecology in the ancestral domainby protecting the flora and fauna, watershed areas, andother reserves and to actively initiate, undertake andparticipate in the reforestation of denuded areas andother development programs and projects subject to justand reasonable remuneration;

f) Establishment of lndigenous Peoples Organizations (lPO).The IPS shall establish tPOs which shall have legal capacityto assist the lCCs/lPs in ensuring their collective rights totheir ancestral domains and to strengthen their political,economic and social systems or institutions. lPOsregistered under this Guidelines and other governmentregistering or accrediting agencies/institutions such as theLocal Government Units (LGU), Cooperative DevelopmentAuthority, and the Securities and Exchange Commissionshall be subject to verification, validation, registration orconfirmation as the case may be;

g) lnterfacing. The interfacing of indigenous systems ofgovernance to the mainstream legal system to effectively

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carry out the lCCs/lPs' collective right to self-governanceand self -determination;

h) Empowerrnent of Women, lt shall be mandatory for theIPS and the IPO to develop appropriate programs andprojects to respond to gender issues and concerns as theserelate to the full realization and protection of women'srights for maximum participation in community andnation-building. The IPS shall provide appropriate and fullsupport to women's groups/organizations to conductresearch and document lP women's traditional roles inmarriage, family, community, political and economic life todetermine gender issues and concerns among lCCs/lPs.

Section 4. Establlshment of lndigenous Peoples Organirations.The IPS shall create and establish lPOs as defined under the IPR&which IPO must be registered.

Section 5, Coverage. This Guidelines shall cover all lCCs/lPs inancestral domains and lands; and lCCs/lPs resettled outside theirancestral domains.

ARTICLE II

DEFINITION OF TERMS

Section 6. ln addition to the definitlon of terms in the IPRA and itslRR, the following terms, as used in this Guidelines, are defined as

follows:

a. lndigenous Political Structures. lt refers to organizationaland cultural leadership system!, institutions, relationships,patterns and processes for decision-making andparticipation, identified and accepted by ICCs/lPs. The IPS

shall be recognized as the highest governing body with theIPO as its technical arm;

lndlgenous Elder/leader- lndigenous elders/leaders

emerge from the dynamics of customary laws and

practices; they evolve from a lifestyle of conscious

assertion and practice of traditional values and beliefs,

Hence, they are recognized authority on conflict resolution

and peace-building processes, on sBiritual practices, rituals

and ceremonials and by doing so; they possess theattributes of wisdom and integrity. They lead and assist

the community in decision-making processes aimed atprotecting and promoting the sustainable development oftheir ancestral domains;

Reglstration. lt is the operative act of granting juridicalpersonality to members of lCCs/lPs who organizedthemselves as independent lPOs which is accepted as

their representative as evidenced by a Certificate ofBegistration (CoR);

Resettled lccs/lPs. lt refers to lccs/lPs living outside theirancestral domain areas by reason of internaldisplacement due to armed conflict, violence, extremenatural disasters or government projects (e.g hydro-electric dams);

ARTICLE III

powERs, DUTTES AND FUNCT|ONS OF THE TNDTGENOUS POUT|CAL

STRUCTURES

Section 7. Powers, Dutles and Functions of the lndigenous PoliticalStructures. The lCCs/lPs through the elders/leaders of the IPS shallhave these powers, duties and functions as enumerated in theIPRA, but not limited to the following:

c.

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1, To formulate and implement systems for the sustainable

use, protection and conservation of the flora and fauna,

watershed areas, sacred places and all other objects of

ritual and ecological importance in accordance with theirindigenous knowledge systems and practices (lKSPs),

customary laws and traditions, and duly adopted ADSDPP,

if any;

To revitalize and strengthen lCCs/lPs own institutions,

systems and standards for protecting their natural

resources, taking into consideration the national minimum

standards. For this purpose, the lCCs/lPs may be

authorized by the appropriate government agency to

exercise powers to prevent, apprehend and prosecute all

persons violating environmental and natural resources

laws within ancesffal domains in accordance with Chapter

Xl, Section 72 of the IPRA;

To regulate activities that may adversely affect the

lCCs/lPs' airspace, bodies of water and lands. Any violation

of environmental laws adversely affecting the integrity of

the ecological systems in ancestral domains shall be

sanctioned according to customary laws of the lCCs/lPs

concerned;

4. To help negotiate the terms and conditions for the

exploration of natural resources in the areas for thepurpose of ensuring ecological, environmental protection

and conservation measures, pursuant to national and

customary laws;

5. To uphold the Free and Prior lnformed Consent (FPIC)

process relative to all activities involving the utilization,

extraction or development of natural resources;

6. To assist the community to seek redress and orcompensation for any loss, injury or damage caused to itsculture and the ancestral domain;

7. To assist the community to source out, manage, disburse

or use any funds, appropriations or donations from any

legal entity, for the development of the domain/land and

to ensure individual and collective accountability and

responsibility for such funds, appropriations or donations;

8. To assist the community in filing the petition for, and lead

the community in, the delineation and identification ofancestral domains in accordance with the Principle of Self

Delineation rights by virtue of Native Title;

9. To assist the community in working for the de-

establishment of reservations made by executive fiat orIaw overlapping ancestral domainsllands, or parts thereof;

10. To resolve all conflicts emanating from violations of all

customs and traditions of the community;

11. To cause the formulation of programs and projects on therole of women based on a gender analysis framework tostrengthen and promote participation of indigenous

women in decision-making processes on sustainable

resource management;

12. To provide testimony or other evidence of marriage inaccordance with customary law for purposes ofregisration with the Local Civil Registry;

13. To ensure their domains as special zones of peace and life,

and advocate recognition and respect thereof;

14. To nominate traditional leaders or elders as

representatives to the Consultative Body, which must

2.

3.

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include women and youth, lPO and Non GovernmentOrgan ization representative;

15. To convene the lCCs/lPs and in accordance with localprocesses to lead the selection of the lP mandatoryrepresentatives in all policy making bodies and in locallegislative councils,

16. To convene the lCCs/lPs and select lP representativet toall government bodies such as but not limited to theNational Anti Poverty Commission-lP Sectoral Council,National Commission on Culture and the Arts, Departmentof Agrarian Reform, LGUs, Regional Development Councilsand other local and international policy-making and

special bodies;

17. To develop programs and projects in the practice andrevitalization of their own cultural traditions and customs;

18. To regulate entry of migrants and other entities in

accordance with their consensus-building processes,

community practices, customs and traditions and upon thefree, prior and informed consent of the communitymembers;

19. The power to authenticate indigenous leadership titles and

certificates of membership. All Certificates of TribalMembership previously issued under Executive Order No.

122-8 and 722-C as amended, shall be validated by the IPS

in accordance with their own processes, and if found to bevalid, shall be endorsed to the National Commission onlndigenous Peoples (NCIP) for confirmation and recordingpurposes;

20. Other traditional roles or functions analogous to theforegoing.

Section 8. Powers and Duties of the lndigenous Peoples'

Organization.ln accordance with Section 7 of this Guidelines, the IPS shall

determine and define the functions of the lPOs.

ARTICTE IV

PROCESS OF CONFIRMATION OF IPS AND REGISTRATION OF lPOs

Section 9. Confirmation of lndigenous Political Structures. All

existing IPS as defined under Section 6 (a) of this Guidelines maybe

confirmed, as an affirmative action, by the Commission,

Section 10, Confirmation, How lnltlated. The confirmation maybe

through the initiative of the concerned Commissioner, the Regional

office or the concerned lPS. ln the two former cases, it shall be

based on data provided by the ADSDPP, Certificate of Ancestral

Domain Title/certificate of Ancestral Land Title (CADT/GALT), FPlc,

Certificates of Confirmation (COC) of Tribal Membership and othervalid sources of information or based on the process ofverification and validation provided in Section 16 hereof.

lf the request for Confirmation by the Commission is upon

the initiative of the Regional Office, the same shall be endorsed by

Regional Director (RD) with the concurrence of the Commissioner

from the Ethnographic Region. The endorsement must include all

pertinent data and information related thereto.

Sectlon 1,1, The affirmative action shall be in the form of an En

Banc Resolution and the consequent COC to be signed by theChairperson. A record of the same shall be maintained and

periodically updated by the Office on Empowerment and Human

Rights (0EHR).

Section 12. The following documents shall be required for theprocessing of the Confirmation of IPS:

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1. A Genealogical Survey;

2, Written accounts not limited to customs and

traditions including the interfaced customarypractices on the following:

2,a Social organization' a profile of the IPS including

information on traditional and emerging

elders/leaders; norms and social stratification

based on access to prestige and power;

succession (birthright); the leadership structure

including the roles and functions of the

elders/leaders of the IPS;

2.b Basic social processes:

2.b.1. Dispute resolution and conflict

management;

2.b.2 Consensus-building and decision-makingprocesses towards cooperation, unityand harmony;

2.b.3 Mutual help and defense systems;

2.b.4 Specialized functions in relation to

observance of rituals.

2.c Access to resources:

2.c.1 Applicable community imperatives in

accordance with customary law as

well as on the access and benefit-sharing agreements/wealthmanagement on resource5;

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2,c,2 Monitoring and evaluation as well as

indicators on sustainable

development of resources;

2.c.3 Role of women in the sustainable

development of the domain.

3. Written and verified oral accounts of customs and

traditions on governance system and how these have

responded to the changing socio-political order; and

4. Other relevant anthropologicat/historical data.

Section 13. Appllcation for Confirmation by the IPS and IPO

Registration. The following shall be the processes for confirmationand registration:

a. General requirement. The application for confirmationinitiated by the IPS itself shall be filed by the elders/leaderswith the nearest NCIP Provincial Office (PO) or theCommunity Service Center (CSc) in the absence of a

Provincial Office, supported by the requirements provided

in Section 12 hereof.

ln the case of registration of lPOs, it shall be filed by theIPS or the lPO under its direction with the nearest NCIP

PO or CSC;

b. lCCs/lPs with existlng lPOs prior to thls Guidellnes.

Notices shall be issued by the concerned NCIP

Regional Office for them to comply with the requirements

of this Guidelines;

c. lCCs/lPs llving outside their ancestral domain areas. lPOs

may be organized outside ancestral domains and can

register v/ith the NCIP after compliance with therequirements provided in this Guidelines.

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Sectlon 14. Registration Regulrements for lPOs. To be officiallyrecognized, the IPS or the IPO under its direction shall apply forregistration with the NCIP and shall submit the following:

1. Resolution stating to the effect that they areaffirming that the applicant being registered is theirduly organized lPO, which Besolution must containthe following information:

l.a Purposes and goal of the IPO in relation tothe collective aspiration of lCCs/lps;

1.b Target beneficiaries;

1.c. Roles and functions of IPO and lpS as far as

coordination on working relations;

1.d. Location and area of operations;

1.e. Targeted major programs, activities andprojects of the lPO.

2. Duly accomplished NCIP Application Form forregistration signed by the duly authorizedrepresentative of the IPS;

3. Profile indicating the qualifications of the IPO

leader/Chairperson which includes, but not limited to,the following;

3.a Proof of Tribal Membership;

3.b Proof of actual residence in thedomain/land for at least five (5) yearsimmediately preceding his/her selection;

3.c Resolution/affirmation by the lCCs/lPs endorsingthat he/she is a practitioner/advocate ofthe

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customs and traditions; and narrative ofhis/her advocacy and struggle on lP rights;

3.d Public knowledge of skills/expertise necessary tocarry out the objectives of the lPO.

4. Written internal rules prescribing regulations bindingthe officer and members in accordance with theobjectives of the IPO;

5. Grounds for voluntary dissolution of the IPO which are

not limited to the following:

5.a lf it fails to adopt its written internal rules byresolution within 30 days from filing of itsapplication as provided in this Guidelines;

5.b Filing by the lPO, with the consent of thelPS, a petition with the NCIP to shorten itsterm;

6. Complaints mechanism and/or grievance procedure;

7. List of officers/leaders and members;

8. Latest Audited Financial Statement;

9. Other relevant requirements at the discretion of theNCIP Community Service Center {CSC) Head/ProvincialOfficer (PO)/Regional Director (RD)/Commissioner ofthe Ethnographic Region.

Section 15. Where to file Application. Filing of the applicationregistration shall be made with nearest Provincial Office orCommunity Service Center in the absence of a Provincial Office. Theauthorized representative shall submit three (3) complete and dulyaccomplished sets, one {1) original and two (2) duplicate copies.

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Copies of the application shall be for the applicant lPs, theconcerned CSC, and the OEHR for database and monitoring.

Section 16. Verification and Validation. The verification and

validation shall be conducted in the following manner:

1. The application for confirmation of IPS and/or registrationof IPO shall be submitted to the PO or CSC, which shall

immediately furnish a copy to the Regional Office. lt shall

conduct an evaluation of all submitted requirementswithin ten (10) days upon receipt of the application" The

evaluation is to be conducted by gathering secondary data,interviews or other means with the applicantleaderslelders of the IPS and other key informants. The

evaluation shall serve as basis for an assessment of theauthenticity of the application and/or for requesting

additional requirements and other relevant information tobe provided by the applicant.

lf assessed to be authentic, the applicant, upon receipt ofthe assessment shall, with the assistance of NCIP,

complete all relevant information. lf found to be dubiousor fraudulent, the NCIP shall deny the application and give

notice with an explanation of the basis to the applicant.

lf necessary, the evaluation shall be followed by theconduct of field-based verification by the Verification and

Validation Team (VW), which shall be constituted by theProvincial 0ffice or CSC Head. The verification/validationshall be undertaken within fifteen (15) days;

After the evaluation or field verification and validation, theVW shall submit its report with recommendations, if any,

to the PO or CSC Head, copy furnished the applicant. lfsatisfied, the PO or CSC Head shall make his/herendorsement to the RD, through the Chief, Technical

Management Services Division, copy furnished the

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Commissioner from the Ethnographic Region, for reviewand appropriate action.

lf after reviewing the report and the RD finds the sameincomplete, he/she shall return the same to the PO orCSC Head, as the case may be, for completion. lf he/shefinds the application fraudulent, he/she shall endorse thesame to the Regional Attorney for investigation andrecommendation.

4. ln the case of the Registration of lPOs, the RD shall reviewthe report and if he/she finds the same to be meritorious,a COR shall be issued to the applicant IPO and copiesfurnished to the Commission through the OEHR;

5. ln the case of an application of an IPS for Confirmation, theRD shall review the report and after finding the same to be

meritorious, with the concurrence of the Commissionerfrom the Ethnographic Region, he/she shall endorse thesame to the NCIP, through the OEHR, for appropriateaction.

Section 17. lssuance and Release of En Banc Resolution andCertificate of Confirmation, The En Banc Resolution andCertificate of Confirmation shall be issued, through the OEHR, tothe applicant IPS and copies thereof be furnished to the concernedoffices.

Section 18. Renewal of Registration. The lPO registration shall berenewable every after two (2) years.

ARTICLE V

EFFECT OF IPO REGISTRATION

Section 19. The registration of the IPO with the NCIP confers to it a

juridical personality to represent the lCCs/lPs in pursuing andsecuring their collective rights over their ancestral domains.

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ARTICTE VI

SUSPENSION AND REVOCATION OF THE IPO REGISTRATION

Section 20. Suspension and Revocation of lpO Registration. lnaddition to grounds as provided in the lpO internal rules andgrounds for voluntary dissolution, the Regional Office, uponrecommendation of the lPS, may suspend or revoke the CoR of anylP0, after due investigation, based on the following grounds:

1. Unauthorized negotiation with natural or juridical personsrelative to land development, resource use, harvest andexploitation of natural resources;

2. Misrepresentation and entering into agreement orcompromise with investors without communityconsultation

3. Accepting bribes such as project contracts, gifts, ordonations in exchange offavors;

4. Loss of trust and confidence of the members of thecommunity;

5. Violation of customary processes and communitycollective decision-making;

6. Misuse of a right or condition for its creation conferred bythe IPS or as provided by its internal rules, violation of aright of the community, or commission of acts againstcustomary laws;

7. When the continuance of the lpO will not work to the bestinterest of the lCCs/lps on the basis of findings andrecommendations of the conflict mechanism system underthe IPS;

8. When the IPO is guilty of fraud which violates thecollective interest of the community;

9. Refusal or defiance of the lpO to comply with an order ofthe IPS restraining its commission of acts which willamount to grave violation of interests of the community;

10. When it has offended against a provision or conditionprovided by the IPS for its creation;

11. Violation of community protocols as provided in theADSDPP;

12. Faiture to submit annual financial statements to the lpSand NCIP;

13. Other analogous grounds.

Section 21. Effect of Suspension and Revocation. During theperiod of suspension, the IPO shall not have any personality toengage in any transaction until the suspension is lifted. ln case ofrevocation, the IPO shall not have any personality to engage in anytransaction as such, but shall wind up its affairs in accordance withexisting laws. ln both cases, failure of the lpO to clear itself of anyobligation, its officers shall be subject to appropriate legal action.

Section 22. Subject to the consent of the lpS and in accordancewith the internal rules of the lpO, if the lpO voluntarily dissolvesitself and funds were used/disbursed by the lpo, a personal oathadministered by the NCIP stating that they shall personally answerfor any outstanding obligation shall be undertaken. The oath shallbe submitted to the NClp and to the lpS. Further, the lpo shall alsosubmit the latest audited financial statement before they take theiroath.

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ARTICLE VII

COMPTAINTS MECHANISM

Section 23. Complaints against the IPO or any of its representativesshall be resolved in accordance with traditional conflict mechanismsystems. lf customary mechanisms are exhausted and theconflict/dispute remains unresolved, the aggrieved party mayelevate the same to the NCIP.

ARTTCIE Vilt

ROtr OF THE NCIP PROVINCIAL REGIONAI. AND CENTRAT OFFICE

Section 24. Revitalization and Strengthening of lPS. The NClp, inits programs such as the delineation and titling of ancestral

domains and the formulation of ADSDPP, FplC and the Exercise ofPriority Rights and other processes, shall prioritize the revitalizationor strengthening of the lpS. lf the IPS decides to establish the lpOs,the NCIP Regional 0ffice/Provincial Office/CSC shall assist thelCCs/lPs to enable them to comply with the requirements as

provided in this Guidelines for the filing of the petition forconfirmation and/or registration.

Section 25 . Database. The NCIP, through the Regional Offices,OEHR and Office on Policy, Planning and Research, shall establishtheir own mechanics of creating a national database for lpS andregistered lPOs. lt shall also ensure an effective tracking, releasing,controlling and filing of data at the Central Office.

Section 26. Training and Technical Assistance. The NClp shallconduct or facilitate training for its staff who will form part of theWT as well as provide technical assistance for the empowermentof the lPOs. The Regional Offices shall include this program in theirannual work and financial plans

ARTICTE IX

MONITORING AND EVAI.UATION

Section 27. Monitoring and Evaluation Mechanisms. The OEHR

and the Regional Offices shall closely coordinate to establish a

quarterly monitoring and evaluation mechanism for theimplementation and enhancement of this Guidelines.

The Regional, Provincial Offices and CSC shall document,through conduct of meetings and workshops, the process flow ofverification and validation. They shall maintain databases andlogbooks of all applications received, endorsed and approvedincluding documentation and recording of interviews, questionsasked and responses made by the interviewees. All theseinformation shall be submitted semi-annually to the OEHR everyyear commencing six (6) months from the effectivity of thisGuidelines.

ARTICTE X

FINAT PROVISIONS

Section 28. Funding. The NCIP shall appropriate funds to sustain theoperations and effective implementation of this Guidelines.

Section 29. Separability Clause. ln case any clause, sentence,section or provision of this Guidelines or any portion hereof is

declared unconstitutional or invalid by a competent court, theother sections or provisions hereof which are not affected by suchissuance shall continue to be in full force and effect.

Section 30. Effectivlty, This Administrative Order shall take effectfifteen {15) days after its last publication in a newspaper of general

circulation or registration in the Office of the National

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Administrative Registrar, U.P. Law Center, Diliman, Quezon City,

Philippines.

APPROVED this 15s day of March, ZOLZ at Quezon City,

Philippines.

OIONESIA O. BANUA CONCHITA C. CAUZADO

Commissioner Commissioner

PERCYA, BRAWI{ER COSME M.IAMBAYONCommissioner Commissioner

SANTOS M. UI{SAD ROQUE N. AGTOI'I,,R.

Commissioner Commissioner

ZENAIDA BRIGIOA H. PAwlDChairperson

2t